Filtered by category: Access to Justice Clear Filter

Attachment to the Labor Market

Attachment to the Labor Market

By Erin McCabe, Esq. 

If your doctor finds that you have a 100% disability under the Workers’ Compensation Law then you have no obligation to look for work and are entitled to monetary benefits.  The moment your degree of disability falls below 100% in order to continue to be “attached to the labor market” and entitled to benefits, you have an obligation to show a good faith effort to find employment and to look for work within your medical restrictions.

Pursuant to case law attachment to the labor market can be demonstrated by credible documented evidence showing that you are actively seeking work within your medical restrictions through one or more of the following methods of seeking employment:

 

Read More

UNDERSTANDING THE FORMS

UNDERSTANDING THE FORMS

By William Turley, Esq.

There are over 30 different forms used in the New York State Workers’ Compensation system. Some are fairly simple and straightforward while others are quite complicated and require the expertise of an attorney or claims professional. Here is a short list of forms which every injured worker should be familiar with. All of these forms are available on the New York State Workers’ Compensation Board website: www.wcb.ny.gov/forms.

FORM C-3

This is the form that every injured worker should complete and submit to the New York State Workers’ Compensation Board immediately after his or her injury, even though the law says that you have two years from the date of accident to file. It covers all of the basic details about your claim: your information, your employer’s information, your salary, accident description (when, where, what and how), parts of the body injured, how and when your employer was notified, time lost from work, medical treatment and prior injuries. After completing the form it can be filed electronically (online), by fax, by  mail or by personal delivery to a local office of the Workers’ Compensation Board. Always keep a copy and make sure to get some kind of proof that you filed; an email or fax delivery confirmation or a stamped copy from the Workers’ Compensation Board.

Read More